Law Office ofAli Barakat
Military Service and Deferment

The Military Service Law: Who Is Covered

In briefThe Military Service Law No. 65 of 1969 addresses Iraqi males up to forty-five, makes liability start in the year a man turns nineteen and relies on civil register ages. Compulsory service itself has been suspended indefinitely since CPA Order No. 2 of 2003, so these rules have no practical application unless a new decision or law is issued.

Many young men, and their parents, ask who would be covered if compulsory service came back. The answer in the texts published today starts with the Military Service Law No. 65 of 1969. The office of lawyer Ali Barakat, in al-Yarmouk, Baghdad, sets out whom this law addresses, while noting that compulsory service is currently suspended.

Starting point: the suspension

Section 3 of CPA Order No. 2 of 2003 discharged every conscript and stopped compulsory military service with no date set for its return, leaving the decision to later Iraqi governments. No text reviving it has appeared in the Official Gazette since. Everything below describes whom the law addresses on its wording; it does not report a call-up in force today.

Males up to forty-five

Article 1(1) defines military service as the duties owed by every Iraqi male who has not passed forty-five. The law does not address women, nor anyone past that age, subject to articles 13 and 14 on reserve ages.

Invitee, conscript and enlisted man

The law separates terms that sound alike. The invitee is an Iraqi who has completed eighteen by the Gregorian calendar, and for the purposes of the law his birth is treated as falling on the first day of the first month of his birth year. The conscript is one who has completed nineteen and has been called up for compulsory service. The enlisted man is a conscript or volunteer actually taken into service. The volunteer is one who has taken up military service as a profession for a set period. An intake is all conscripts born in one year, and it may be split into batches.

When liability begins

Article 3 starts the age of liability on the first day of the first month of the year in which the Iraqi turns nineteen. A pupil who reaches the age set for his category in article 2 is enlisted with the first batch after his school year ends. In war and emergency the Council of Ministers may bring the age of liability forward to eighteen.

Age in the civil register

Article 4 takes civil register entries as the basis for conscripts' ages, but gives examination committees power to change an age where a person's appearance does not match the recorded year of birth. Only these committees may change the age of a male over eighteen, and court corrections carry no weight in that case, except after forty-five for someone never examined. Objecting to a change of birth year is covered in challenging recruitment office decisions.

Naturalised Iraqis

Article 60 subjects a person who acquires Iraqi nationality to the law from the date of naturalisation, unless he is over forty-five, and treats him as an invitee in the first call issued after that date. The position of those returning from abroad is in returnees and the service duty.

Who falls outside the circle

Not everyone within the definition must enlist. Article 6 excepts serving officers and military college students, article 7 exempts certain volunteers, and article 8 defers certain groups in peacetime. See exemption from military service and study deferment.

A text waiting for a law not yet passed

Article 5 of the Military Penal Code No. 19 of 2007 counts as a member of the military a person charged with flag service after the military service law is passed. That description therefore applies to nobody while such a law has not been passed. Proposals on the subject remain proposals until enacted and published.

Why this matters today

Despite the suspension, the law surfaces in practical files: service records of men who served before 2003, ages altered by an examination committee and still shown in the civil register, and exception or deferment papers requested in older retirement or employment files. Knowing whom the law addresses remains useful even without a call-up.

Legal basis and sources

  1. Military Service Law No. 65 of 1969 (Official Gazette No. 1728 of 13/5/1969) — Articles 1, 3, 4, 6, 7, 8 and 60
  2. Coalition Provisional Authority Order No. 2 of 2003, Dissolution of Entities (Official Gazette No. 3977 of 17/6/2003)
  3. Military Penal Code No. 19 of 2007 (Official Gazette No. 4040 of 9/5/2007) — Article 5

Frequently asked questions

Does military service cover women?

No. The law defines military service as duties of Iraqi males up to forty-five.

At what age does liability begin?

On the first day of the first month of the year in which the Iraqi turns nineteen, and it may be brought forward to eighteen in war and emergency.

Does a court correction of my age change my service position?

After eighteen the law recognises age changes only by examination committees, unless the person is over forty-five and was never examined.

Always check the text in force and its amendments in the official source.

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